§ 809 — Action or proceeding on bond; disposition of proceeds; summary determination in certain cases 1

§ 809. Action or proceeding on bond; disposition of proceeds; summary\n determination in certain cases\n 1. When permitted. An action or proceeding on a fiduciary's bond may\nbe brought in either of the following cases if leave of the court by\nmotion on notice to the surety is granted:\n (a) by a person having a judgment or decree against the fiduciary\nwhich remains unsatisfied after the expiration of 10 days from date of\nentry;\n (b) by the fiduciary's successor or if the fiduciary has died, been\nremoved, or his letters have been revoked and if no successor has been\nappointed, by any aggrieved person, for the recovery of any money or\nproperty received by the fiduciary and not duly administered by him or\nfor an injury to the estate caused by his act or omission.\n 2. Disposition of proceeds. The decree or judgment in the action or\nproceeding on the bond shall provide for the disposition of any proceeds\nthat may be recovered in the action or proceeding.\n 3. Summary determination in certain cases. Where a decree has been\nmade directing payment by a fiduciary and payment has not been made\nwithin 10 days after date of entry, any person in whose favor the decree\nwas rendered may as an alternative to an action or proceeding on the\nbond as provided in subdivision 1 seek a summary determination of the\nsurety's liability in the court making the decree. Process shall issue\nto the surety and such other persons as the court may direct. Upon the\nreturn of process the court may conduct such proceedings and make such\ndecree or order as justice shall require.\n